Telangana High Court Upholds Right Of Shia Women To Conduct Prayers In Ibadat Khana, Says Holy Quran Does Not Prohibit It

In a landmark judgment, the Telangana High Court has affirmed the right of women belonging to the Akbhari Sect of Shia Muslims to conduct religious activities in the Ibadat Khana located in Darulshifa, Hyderabad.

The ruling came in response to Writ Petition, filed by 'AnjumaneAlavi Shia Imamia Ithna Ashari Akhbari Regd Society' challenging the denial of access to women for conducting Majlis, Jashans, and other religious prayers in the premises.

The case originated from a longstanding dispute over women's access to the Ibadat Khana. The petitioner-society had previously submitted multiple representations to the Telangana State Waqf Board in October 2023, seeking permission for Shia Muslim women to conduct religious activities. However, receiving no response, they approached the High Court for relief.

On December 11, 2023, the court initially heard arguments and passed an interim order directing the respondents to permit women of the Akbhari Sect to conduct religious activities in the Ibadat Khana. This order was challenged by the third respondent/ mutawalli of the Ibadat Khana, who filed an application to vacate it along with a counter-affidavit.

The petitioner's counsel, Senior Advocate P. Venugopal, argued that denying access to women of the Akbhari Sect violated their fundamental rights under Articles 14 and 25(1) of the Constitution, guaranteeing equality and freedom of religion. They also cited a 2007 proceeding by the Waqf Board that allowed Shia Muslim women to conduct Majlis in the Ibadat Khana.

In opposition, the Waqf Board's Standing Counsel Abu Akram contended that religious sentiments and conventions should be respected. However, they were unable to provide any specific religious text prohibiting women's entry into prayer halls. The third respondent argued that the matter was sub judice before a Tribunal and that the petitioner lacked standing as an "interested person" under the Waqf Act.

Justice Nagesh Bheemapaka, in his judgment, relied on several key considerations. He cited the Supreme Court's landmark Sabarimala Temple case, which upheld women's right to enter places of worship. The judge noted that the Holy Quran does not prohibit women from entering prayer halls, except during a specific period. He also highlighted that the Waqf Board had previously permitted Shia Muslim women to enter prayer halls, making the exclusion of the Akbhari Sect discriminatory.

“Further, this Court observed that nowhere, in the Holy Book, the Almighty prohibited women from entering into prayer halls to offer their prayers. Chapter 2 Albakarah 222-223 makes it evident that except during a particular period which was given as 'rest period' for women by the Nature itself, there is no bar against women to offer prayers. This Court therefore, relying on the proceedings dated 15.06.2007, opined that when the Waqf Board permitted Shia Muslim women to enter into prayer halls, it is not known why they have been prohibiting Akhbari Sect of the same community to enter into Ibadat Khan. This itself manifests clear discrimination on the part of the respondents.”

The court emphasized that Article 25(1) of the Constitution confers on every individual the freedom of conscience and the right to profess, practice, and propagate religion without distinction. While acknowledging the pending case before the Tribunal, the judge asserted the court's power under Article 226 to intervene in matters involving fundamental rights violations.

Furthermore, the court considered the Waqf Board's statement that the Ibadat Khana belongs to the entire Shia community, including both Akbhari and Vusooli sects and Shia women. This admission strengthened the petitioner's case for equal access to the prayer hall.

In conclusion, the High Court allowed the writ petition, upholding its interim order of December 11, 2023.

Case Title: AnjumaneAlavi, Shia Imamia Ithna Ashari Akhbari Regd Society vs. State of TS

Case no.: WP 33130/2023

Counsel for petitioner: Mir Lukhman Ali

Counsel for respondent: ABU AKRAM & N SAMEENA

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